A federal judge said Wednesday he intends to issue a new block on President Donald Trump’s effort to freeze an enormous swath of federal spending, citing the White House’s contradictory signals about the policy.
U.S. District Judge John McConnell said a bid by the White House to rescind a “hugely ambiguous” order implementing the freeze appeared to be undercut by White House press secretary Karoline Leavitt’s subsequent statement that the freeze was still in effect.
“I’m inclined to grant the restraining order,” McConnell, a Rhode Island-based appointee of President Barack Obama, said during a court hearing on a lawsuit brought Tuesday by Democratic attorneys general. “I fear … that the administration is acting with a distinction without a difference.”
A different federal judge has already put the spending freeze on hold. That judge, Loren AliKhan, issued an order Tuesday preserving the status quo for six days in response to a separate lawsuit from nonprofit groups challenging the freeze.
The White House tried to upend both lawsuits Wednesday by rescinding the original memo from the Trump administration’s budget office implementing the spending freeze. But the statements by Leavitt suggested that the freeze was still in effect — even if the memo describing it had been rescinded. That confusion, the judge said, suggested the harm caused by the original memo was still likely to occur.
“While the piece of paper may not exist, there’s sufficient evidence that the defendants collectively are acting consistent with that directive,” McConnell said, “and therefore the arguments that they have about needing a [restraining order] exist.”
However, McConnell acknowledged that the administration’s action Wednesday may complicate his efforts to issue an order blocking the policy. He has asked the states to propose language for an order.